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Artykuły w czasopismach na temat „POLITICAL SCIENCE / International Relations / Treaties”

Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 27 lipca 2025

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1

Charney, Jonathan I. "Universal International Law." American Journal of International Law 87, no. 4 (1993): 529–51. http://dx.doi.org/10.2307/2203615.

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In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the pr

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Hepburn, Jarrod. "Domestic Investment Statutes In International Law." American Journal of International Law 112, no. 4 (2018): 658–706. http://dx.doi.org/10.1017/ajil.2018.85.

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AbstractAlongside now-controversial investment treaties, many states also maintain domestic investment statutes. Although these laws offer protections similar to investment treaties and are increasingly applied in investor-state arbitration, they have—unlike the treaties—attracted limited scholarly scrutiny. This article argues that investment statutes can plausibly be characterized either as unilateral acts in international law or as domestic law. The article examines the significant consequences that follow from these characterizations, providing the first comprehensive analysis of these hyb

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Miron, Alina, and Paolo Palchetti. "Foreign Relations Law on Treaty Matters from Restatement (Third) to Restatement (Fourth): More a Filter Than a Bridge." European Journal of International Law 32, no. 4 (2021): 1425–42. http://dx.doi.org/10.1093/ejil/chab094.

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Abstract The remarks contained in this article are a candid reading of Part III of the Restatement of the Law (Fourth): Foreign Relations Law of the United States (‘Treaties as Law of the United States’) through the lens of international lawyers who wonder about the role of international law in the US legal system. They turn essentially on the promise and peril of domesticating international law: Does foreign relations law as determined by Part III the Restatement (Fourth) promote compliance with international treaty law or does it rather emphasize constitutional law concerns that may limit it

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Alvarez, José E. "The International Law of Property." American Journal of International Law 112, no. 4 (2018): 771–79. http://dx.doi.org/10.1017/ajil.2018.72.

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On the surface, the two books under review seem to have little in common. The Bonnitcha/Poulsen/Waibel (BPW) book, written by two legal academics and a political scientist, provides a balanced, fact-grounded account of international investment agreements (IIAs) and investor-state dispute settlement (ISDS). This is the “international treaty regime” in that book's title which the authors argue needs to be distinguished from the broader “international regime complex” that their book explicitly does not address, namely the number of other international instruments that at least incidentally also p

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Erne, Jaanika. "Conferral of Powers by States as a Basis of Obligation of International Organisations." Nordic Journal of International Law 78, no. 2 (2009): 177–99. http://dx.doi.org/10.1163/157181009x431749.

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AbstractThe article examines some traditional forms of conferral of powers on international organisations – by international treaties (“common” international treaties and constituent international treaties that can form the basis for further delegation) and for supranational law-making. The main conclusion is that although the agreed norms may be construed in the application processes, the formal determination of powers remains the formal basis of action.

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Graefrath, B. "The International Law Commission Tomorrow: Improving its Organization and Methods of Work." American Journal of International Law 85, no. 4 (1991): 595–612. http://dx.doi.org/10.2307/2203268.

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The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Ri

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7

McLachlan, Campbell. "INVESTMENT TREATIES AND GENERAL INTERNATIONAL LAW." International and Comparative Law Quarterly 57, no. 2 (2008): 361–401. http://dx.doi.org/10.1017/s0020589308000225.

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AbstractThe huge rise in the settlement of investment disputes by treaty has provoked an underlying question of great practical and theoretical importance: the relationship between the substantive standards protected in such treaties and general international law. This paper argues that the relationship is symbiotic: custom informing the content of the treay right; and State practice under investment treaties contributing to the development of general international law. It is the structured process of treaty interpretation which determines when and how reference to general international law ma

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8

Vandevelde, Kenneth J. "The Political Economy of a Bilateral Investment Treaty." American Journal of International Law 92, no. 4 (1998): 621–41. http://dx.doi.org/10.2307/2998126.

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One of the more remarkable developments in international law in the mid-1990s is not what it appears to be. The massive and sudden proliferation of bilateral investment treaties (BITs), now constituting a network of more than thirteen hundred agreements involving some 160 states, appears to reflect die triumph of liberal economics in the sphere of international investment. In fact, however, it constitutes only a momentary convergence of nationalist interests. If the BITs are to construct the liberal international investment regime they seem to promise, then they must be modified in important a

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Karas, Martin, and Katarína Brocková. "Investment treaties and national sovereignty: latest developments." Journal of International Trade Law and Policy 20, no. 2 (2021): 127–41. http://dx.doi.org/10.1108/jitlp-01-2021-0001.

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Purpose The purpose of this paper is twofold. First, it identifies the latest trends in investment treaty making and determines the degree to which these trends affect the regulatory space of nation states. Second, it situates the conflict between investment protection and national sovereignty on the level of investment treaties within the wider theoretical framework of the debate between neoliberalism and neorealism in the field of international relations. Design/methodology/approach This research paper uses qualitative content analysis of international investment treaties with the aim of com

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10

Kostyantyn, Savchuk. "Little-known pages of the history of the development of international legal thought: Ludwig Jacob (1759–1827)." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 407–14. http://dx.doi.org/10.33663/0869-2491-2020-31-407-414.

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This article explores the contribution to the development of international law science by the outstanding German philosopher and economist Ludwig Kondratievich Jacob (Ludwig Heinrich von Jacob) (1759–1827), who for some time worked as a professor of diplomacy and political economy at Kharkiv University. L. Jacob's contribution to the development of the science of international law is not limited to reading lectures on positive international law, which was taught at the Department of Diplomacy and Political Economy in the first decades of Kharkiv University. L. K. Jacob prepared and published a

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11

Vo, Huan Tuong. "The Role of External Dynamics on Vietnam’s Ratification of the Convention Against Torture." Asia-Pacific Journal on Human Rights and the Law 24, no. 1 (2023): 22–42. http://dx.doi.org/10.1163/15718158-24010002.

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Abstract This article analyses the case of Vietnam’s ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1987 from 2013 to 2014. It aims to provide empirical evidence to inform current debates regarding the roles of external and internal dynamics, as well as relevant pressures and threats, in shaping state behaviour toward international civil and political rights treaties. Through this case study, it is argued that external dynamics played an essential role in influencing the socialist state’s ultimate ratification behaviour. In the cont

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12

Alvik, Ivar. "Concessions in International Law." Nordic Journal of International Law 91, no. 4 (2022): 568–94. http://dx.doi.org/10.1163/15718107-91040003.

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Abstract The article examines the extent to which concessionary rights are protected under three different branches of international law; traditional customary law, the case law of the European Court of Human Rights, and arbitral practice under investment treaties. It reveals clear similarities with respect to when such rights are considered protected. However, it simultaneously argues that case law under investment treaties tends to adopt a less nuanced approach to the nature of such rights, almost invariably assuming them to constitute a kind of property. This again entails that the investor

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13

Petersen, Clement Salung. "Treaties in Domestic Civil Litigation: Jura Novit Curia?" Nordic Journal of International Law 80, no. 3 (2011): 369–402. http://dx.doi.org/10.1163/157181011x581236.

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AbstractMany international treaties regulate relations between states and private individuals (vertical treaty rules) and transnational relations between private individuals (transnational treaty rules), and domestic civil litigation often plays an important role in the enforcement of such rules. The actual impact of treaty rules in domestic civil litigation depends inter alia on the procedural principles governing the judicial application of law. In the European legal tradition of civil law, these principles are often expressed by the Latin adages “jura novit curia” (the court knows the law)

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14

Dick, Katherine. "Exploring the Legal Status of Non-Governmental Organisations under International Energy Treaties." International Community Law Review 10, no. 2 (2008): 227–47. http://dx.doi.org/10.1163/187197308x311317.

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AbstractEnergy is now firmly on the global agenda. Many of the international measures that seek to tackle environmental issues arising from energy production and use, and achieve global order in energy trade and investment, have been developed in consultation with non-governmental organisations. However, despite the significant contribution of non-governmental organisations in this area, little attention has been paid to the formal legal status of such organisations under international energy treaties. A wide range of elements are examined in this article and found to support a limited legal s

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15

Dervovic, Medy, and Katharina Heinrich. "Law-Science Nexus in International Law-Making." Nordic Journal of International Law 92, no. 4 (2023): 599–622. http://dx.doi.org/10.1163/15718107-bja10073.

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Abstract Integrating science in the making and implementation of international and regional treaties emerges as an essential component of modern and future international law-making amidst profound climatic, geophysical, and biological changes worldwide. The interplay between science and law or the law-science nexus within, inter alia, the international legal frameworks on climate change, biodiversity, and fisheries offers different levels of integration of science. In practice, subsidiary scientific bodies play a key role in enabling the dialogue between scientists and law/policymakers. Howeve

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16

Meron, Theodor. "Extraterritoriality of Human Rights Treaties." American Journal of International Law 89, no. 1 (1995): 78–82. http://dx.doi.org/10.2307/2203895.

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On the eve of the planned U.S. invasion of Haiti, responding to an appeal from the International Committee of the Red Cross to apply international humanitarian law, the United States stated that [i]f it becomes necessary to use force and engage in hostilities, the United States will, upon any engagement of forces, apply all of the provisions of the Geneva Conventions and the customary international law dealing with armed conflict.Further, the United States will accord prisoner of war treatment to any detained member of the Haitian armed forces. Any member of the U.S. armed forces who is detain

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17

García Olmedo, Javier. "RECALIBRATING THE INTERNATIONAL INVESTMENT REGIME THROUGH NARROWED JURISDICTION." International and Comparative Law Quarterly 69, no. 2 (2020): 301–34. http://dx.doi.org/10.1017/s0020589320000044.

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AbstractThe legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive investor protections without offering reciprocal safeguards for host States wishing to preserve regulatory space. This article argues that any reform designed to redress imbalances in the existing regime should first aim at narrowing the personal jurisdiction of investment tribunals. Problematically, access to most investment treaties depends on broad nationality requirements, which have en

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Arato, Julian. "The Private Law Critique of International Investment Law." American Journal of International Law 113, no. 1 (2019): 1–53. http://dx.doi.org/10.1017/ajil.2018.96.

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AbstractThis Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the r

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19

Nefedov, B. "The critique of the Westphalian peace narrative." International Trends / Mezhdunarodnye protsessy 20, no. 3 (2022): 6–27. http://dx.doi.org/10.17994/it.2022.20.3.70.3.

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The article studies perceptions of the Peace of Westphalia that were formed in the fields of international relations history and the general theory of international law as a result of conflicting doctrines, with some claiming the Westphalian treaties of 1648 are of universal significance for these scientific fields, and others, conversely, denying that these treaties had any sort of influence on the formation of a modern system of international relations and the formation of international law as a legal system. The article concludes that the treaties of the Peace of Westphalia does not actuall

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Allee, Todd, and Clint Peinhardt. "Evaluating Three Explanations for the Design of Bilateral Investment Treaties." World Politics 66, no. 1 (2013): 47–87. http://dx.doi.org/10.1017/s0043887113000324.

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Although many features of bilateral investment treaties (BITs) are consistent from one agreement to the next, a closer look reveals that the treaties exhibit considerable variation in terms of their enforcement provisions, which legal scholars have singled out as the central component of the treaties. An original data set is compiled that captures three important treaty-design differences: whether the parties consent in advance to international arbitration, whether they allow treaty obligations to be enforced before an institutionalized arbitration body, and how many arbitration options are sp

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21

Gelber, Katharine. "Treaties and Intergovernmental Relations in Australia: Political Implications of the Toonen Case." Australian Journal of Politics and History 45, no. 3 (1999): 330–45. http://dx.doi.org/10.1111/1467-8497.00068.

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Denza, Eileen. "II. External Relations." International and Comparative Law Quarterly 54, no. 4 (2005): 995–1001. http://dx.doi.org/10.1093/iclq/lei048.

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Each time this writer has prepared a three-yearly update on the external relations of the Union, the Treaty framework has changed and the sense that Europe's leaders are being distracted from vital problems grows. The Constitution for Europe now on offer, the result of a mandate from the European Council at Laeken to effect a simplification of the treaties with a view to making them better understood without changing their meaning, would introduce new legal uncertainties into the framework for the conduct of external relations. Its entry into force, however, now appears unlikely.

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Czaplinski, Wladyslaw. "The New Polish-German Treaties and the Changing Political Structure of Europe." American Journal of International Law 86, no. 1 (1992): 163–73. http://dx.doi.org/10.2307/2203147.

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The bilateral treaties concluded by Poland and Germany on November 14, 1990, and June 17, 1991, are an ideal illustration of the political and social changes in Central Europe. They were intended to constitute a turning point in the relations between the two neighbors, enemies for centuries that are now starting to construct a common future.

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Zimmermann, Andreas. "Human Rights Treaty Bodies and the Jurisdiction of the International Court of Justice." Law and Practice of International Courts and Tribunals 12, no. 1 (2013): 5–29. http://dx.doi.org/10.1163/15718034-12341244.

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Abstract In recent years, the ICJ has had to deal more and more often with alleged violations of major human rights treaties and the respective compromissory clauses contained in such treaties. Yet, the interrelationship between the Court’s treaty-based jurisdiction under such clauses and State complaint mechanisms, as provided for in human rights treaties, has not yet been fully considered and analysed. Moreover, there might also be interlinkages between the ICJ’s contentious jurisdiction under Article 36 (2) of the ICJ Statute and such State complaint procedures.

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Mushkat, Roda. "Hong Kong and Succession of Treaties." International and Comparative Law Quarterly 46, no. 1 (1997): 181–201. http://dx.doi.org/10.1017/s0020589300060176.

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It is not surprising that, at a time when the world's political maps are being constantly redrawn, the subject of “State succession” features prominently in international legal discourse. By the same token, the infrequency of “waves” of transformation, the diversified modalities of change (cession, annexation, decolonisation, dissolution, secession, merger, unification) and the varying contextual circumstances have resulted in a less than coherent theoretical or practical framework for resolving issues of State succession.1 Nor can limited international attempts at “codification”—represented i

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Osiander, Andreas. "Sovereignty, International Relations, and the Westphalian Myth." International Organization 55, no. 2 (2001): 251–87. http://dx.doi.org/10.1162/00208180151140577.

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The 350th anniversary of the Peace of Westphalia in 1998 was largely ignored by the discipline of international relations (IR), despite the fact that it regards that event as the beginning of the international system with which it has traditionally dealt. By contrast, there has recently been much debate about whether the “Westphalian system” is about to end. This debate necessitates, or at least implies, historical comparisons. I contend that IR, unwittingly, in fact judges current trends against the backdrop of a past that is largely imaginary, a product of the nineteenth- and twentieth-centu

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Langer, Máximo. "The Diplomacy of Universal Jurisdiction: The Political Branches and the Transnational Prosecution of International Crimes." American Journal of International Law 105, no. 1 (2011): 1–49. http://dx.doi.org/10.5305/amerjintelaw.105.1.0001.

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Under universal jurisdiction, any state in the world may prosecute and try the core international crimes— crimes against humanity, genocide, torture, and war crimes—without any territorial, personal, or national-interest link to the crime in question whenit was committed.The jurisdictional claim is predicated on the atrocious nature of the crime and legally based on treaties or customary international law. Unlike the regime of international criminal tribunals created by the United Nations Security Council and the enforcement regime of the International Criminal Court (ICC), the regime of unive

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Sacco, Pier Luigi, Alex Arenas, and Manlio De Domenico. "The Resilience of the Multirelational Structure of Geopolitical Treaties is Critically Linked to Past Colonial World Order and Offshore Fiscal Havens." Complexity 2023 (January 7, 2023): 1–9. http://dx.doi.org/10.1155/2023/5280604.

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The governance of the political and economic world order builds on a complex architecture of international treaties at various geographical scales. In a historical phase of high institutional turbulence, assessing the stability of such architecture with respect to the unilateral defection of single countries and the breakdown of single treaties is important. We carry out this analysis on the whole global architecture and find that the countries with the highest disruption potential are mostly medium-small and micro countries. Political stability is highly dependent on many former colonial over

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Tir, Jaroslav, and Douglas Stinnett. "The Institutionalization of River Treaties." International Negotiation 14, no. 2 (2009): 229–51. http://dx.doi.org/10.1163/157180609x432815.

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AbstractThis article seeks to expand our understanding of why states use international institutions to manage transboundary rivers. Agreements governing the use and management of international rivers can contain a variety of different institutional features. We address the question of why riparian states choose to include or exclude these features from river treaties. Our explanation focuses on the problem of securing post-agreement compliance. Institutions perform a variety of functions that help states maintain cooperation over time. We analyze this explanation using a data set of river trea

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Schmalenbach, K. "International Institutional Veil in Public International Law. International Organisations & the Law of Treaties." European Journal of International Law 20, no. 2 (2009): 462–63. http://dx.doi.org/10.1093/ejil/chp020.

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Western, Shaina D. "Bargaining Power at the Negotiation Table and Beyond." International Negotiation 25, no. 2 (2020): 169–200. http://dx.doi.org/10.1163/15718069-25131239.

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Abstract International treaties require ratification to go into effect. But while some treaties have high ratification rates, many do not, leading to a system where issues appear to be addressed on paper but are not in practice. This article seeks to address why treaties receive varying levels of support and finds that factors present during the negotiation phase of the agreement affect the ratification phase. Specifically, bargaining power at and away from the negotiation table influences both the substantive nature of the treaty and the extent to which it will be widely ratifiable. This arti

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Kohona, Palitha T. B. "Some Notable Developments in the Practice of the UN Secretary-General as Depositary of Multilateral Treaties: Reservations and Declarations." American Journal of International Law 99, no. 2 (2005): 433–50. http://dx.doi.org/10.2307/1562508.

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This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice, especially in connection with human rights treaties.The Vienna Convention on the Law of Treaties of 1969 (Vienna Convention) provides the framework for the functions of the secretary-general in his role as depositary of multilateral treaties. Most a

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Pahis, Stratos. "BITs & Bonds: The International Law and Economics of Sovereign Debt." American Journal of International Law 115, no. 2 (2021): 242–80. http://dx.doi.org/10.1017/ajil.2021.1.

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AbstractRecent jurisdictional decisions suggest that sovereign debt will be subject to bilateral investment treaties (BITs) for the foreseeable future. This Article argues that applying BITs to sovereign bonds threatens to undermine the core economic function of those treaties by encouraging inefficient state and creditor behavior and raising the overall cost of sovereign debt. It further argues that this concern can be addressed through an interpretative approach that leads to the equal treatment of like creditors.

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Litfin, Karen T. "Framing Science: Precautionary Discourse and the Ozone Treaties." Millennium: Journal of International Studies 24, no. 2 (1995): 251–77. http://dx.doi.org/10.1177/03058298950240020501.

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Sykes, Alan O. "Economic “Necessity” in International Law." American Journal of International Law 109, no. 2 (2015): 296–323. http://dx.doi.org/10.5305/amerjintelaw.109.2.0296.

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Exigent circumstances can extinguish or suspend a wide range of legal obligations. They may empower governments to seize property or quarantine individuals. They may excuse the nonperformance of private or public contractual obligations. And, of especial interest here, they may permit governments to deviate from their obligations under treaties or customary international law (CIL).

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Warbrick, Colin, and Dominic McGoldrick. "II. International Law in English Court—Recent Cases." International and Comparative Law Quarterly 52, no. 3 (2003): 815–24. http://dx.doi.org/10.1017/s0020589300067130.

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The Orthodox position on the legal effect of treaties in English law is easy to state. Treaties are entered into by the Executive acting under prerogative powers. The exercise of these powers is not, even in the post-GCHQ2 dispensation, a matter within the jurisdiction of the courts, so that the desirability of entering into a treaty cannot be challenged in the courts.3 However, since any prerogative power must be exercised campatibly with legislation, if there is an extant statutory restriction upon making a particular treaty or providing a particular procedure as a condition upon which the p

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Azaria, Danae. "‘Codification by Interpretation’: The International Law Commission as an Interpreter of International Law." European Journal of International Law 31, no. 1 (2020): 171–200. http://dx.doi.org/10.1093/ejil/chaa016.

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Abstract This article argues that the International Law Commission (ILC) interprets international law. In recent years, in documents intended to remain non-binding, the Commission has made interpretative pronouncements about a treaty in force, the Vienna Convention on the Law of Treaties, and customary international law reflected therein. This development is called the ‘codification by interpretation’ paradigm in this article. This article argues that interpretation falls within the ILC’s function, and it analyses the effects of the Commission’s interpretative pronouncements. It explains that

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Wood, John. "International Labour Organisation Conventions—Labour Code or Treaties?" International and Comparative Law Quarterly 40, no. 3 (1991): 649–57. http://dx.doi.org/10.1093/iclqaj/40.3.649.

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Viljoen, Frans, and Lirette Louw. "State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004." American Journal of International Law 101, no. 1 (2007): 1–34. http://dx.doi.org/10.1017/s000293000002950x.

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Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the nature of state obligations under international law (including those derived from “nonbinding norms”) and compliance with them. However, general ques

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Krepon, Michael. "Isolate Helms; push treaties." Bulletin of the Atomic Scientists 53, no. 1 (1997): 4. http://dx.doi.org/10.1080/00963402.1997.11456686.

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Gragl, Paul, and Malgosia Fitzmaurice. "THE LEGAL CHARACTER OF ARTICLE 18 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES." International and Comparative Law Quarterly 68, no. 3 (2019): 699–717. http://dx.doi.org/10.1017/s0020589319000253.

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AbstractThe main reason for Article 18 being one of the most opaque provisions of the Vienna Convention is that it establishes a relatively vague ‘interim obligation’ for States to refrain from acts which would defeat the object and purpose of a treaty between its signature and ratification. Although the existence of such an interim obligation has been recognized by States and in various international legal regimes, it remains problematic since Article 18 neither defines nor determines its own contours and when and under which conditions it is being breached. It goes without saying that the le

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Methymaki, Eleni. "Thinking Beyond International Adjudication: Inspections as Instruments of Order Production in the International System." Law & Practice of International Courts and Tribunals 21, no. 3 (2022): 520–45. http://dx.doi.org/10.1163/15718034-12341489.

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Abstract This article focuses on international inspections, a means of international supervision and monitoring widely used in international law. It argues that to understand how order is produced in and across the international system, it is important to think beyond international adjudication for three reasons. First, the success of international law-making exercises, such as the negotiation of new treaties, is often measured by whether a compromissory clause is included in the agreed text. Such analyses overlook the fact that negotiating parties may choose other mechanisms to ensure complia

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Cai, Congyan. "International Law in Chinese Courts During the Rise of China." American Journal of International Law 110, no. 2 (2016): 269–88. http://dx.doi.org/10.5305/amerjintelaw.110.2.0269.

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The number of countries in which domestic courts are actively engaged with major public affairs has increased markedly since the early 1990s. In many transitional states, in particular, domestic courts have ruled on great constitutional controversies, which influence the national political process. They have also taken an active role in the application of international law— especially human rights treaties—and at times treat such treaties as a “New Standard of Civilization.” In particular, domestic courts have at times invoked international law in becoming more aggressive toward the executive

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Meron, Theodor. "International Criminalization of Internal Atrocities." American Journal of International Law 89, no. 3 (1995): 554–77. http://dx.doi.org/10.2307/2204173.

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For half a century, the Nuremberg and Tokyo trials and national prosecutions of World War II cases remained the major instances of criminal prosecution of offenders against fundamental norms of international humanitarian law. The heinous activities of the Pol Pot regime in Cambodia and the use of poison gas by Iraq against its Kurdish population are among the many atrocities left unpunished by either international or national courts. Some treaties were adopted that provide for national prosecution of offenses of international concern and, in many cases, for universal jurisdiction; but, with a

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Haugen, Hans Morten. "The Nature of Social Human Rights Treaties and Standard-Setting WTO Treaties: A Question of Hierarchy?" Nordic Journal of International Law 76, no. 4 (2007): 435–64. http://dx.doi.org/10.1163/090273507x249228.

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AbstractSocial human rights are not held to belong to the category of jus cogens norms. At the same time these human rights protect vital matters, such as the right to adequate food, which obviously has a relationship to the right to life. On the other hand, the annexes to the World Trade Organization (WTO) Agreement, which are binding on all WTO member States, has implied a shift from the old General Agreement on Trade and Tariffs (GATT) to the WTO, from pure contractual treaties to more standard-setting treaties. The article seeks to analyse if the obligations erga omnes and the concept of '

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Clark, Tom, and Jan Niessen. "Equality Rights and Non-Citizens in Europe and America: The Promise, the Practice and Some Remaining Issues." Netherlands Quarterly of Human Rights 14, no. 3 (1996): 245–75. http://dx.doi.org/10.1177/092405199601400302.

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The article discusses the fundamental role played by the notion of equality and shows that a general promise of equality is a hallmark of the UN system to which non-citizens’ may lay claim. Recent international juridical practice shows a progressive move towards equality between citizens and non-citizens in civil and social rights. An international human rights doctrine and norms have been established for distinguishing between differentiation which is legitimate and discrimination. The article examines the effect of the international test and doctrine of equality for some of the key rights at

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Murphy, Sean D. "The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission." American Journal of International Law 107, no. 1 (2013): 164–77. http://dx.doi.org/10.5305/amerjintelaw.107.1.0164.

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The International Law Commission held its sixty-fourth session in Geneva from May 7 to June 1, and from July 2 to August 3, 2012, under the chairmanship of Lucius Caflisch. The session marked the first year of a new quinquennium (2012–2016), with the Commission having completed its work during the prior quinquennium (2007–2011) on four major topics: transboundary aquifers, effects of armed conflict on treaties, reservations to treaties, and responsibility of international organizations.

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Matheson, Michael J. "The Fifty-Seventh Session of the International Law Commission." American Journal of International Law 100, no. 2 (2006): 416–28. http://dx.doi.org/10.1017/s0002930000016730.

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The International Law Commission held its fifty-seventh session in Geneva from May 2 to June 3, and from July 11 to August 5, 2005. The Commission continued its work on shared natural resources, reservations to treaties, responsibility of international organizations, unilateral acts of states, and fragmentation of international law. It began work on the effect of armed conflict on treaties and expulsion of aliens, and decided to begin work next year on the obligation to prosecute or extradite. It took no further action for the time being on diplomatic protection or on international liability f

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Krivokapich, B. D. "Science of international law – since ancient times!" Juridical Journal of Samara University 8, no. 1 (2022): 49–64. http://dx.doi.org/10.18287/2542-047x-2022-8-1-49-64.

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In modern doctrine, the emergence of science of international law in the ancient world is often overlooked or even outright denied. However, the most ancient legal treaties contain separate norms of international law, the formulation and application of which should have been carried out by specialists familiar with past and existing practice. In connection with the above, it seems relevant to understand the issue of the moment when the science of international law emerged. It is advisable to conduct a study of the works of ancient philosophers and legal scholars to formulate conclusions that i

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Montal, Florencia, Carly Potz-Nielsen, and Jane Lawrence Sumner. "What states want: Estimating ideal points from international investment treaty content." Journal of Peace Research 57, no. 6 (2020): 679–91. http://dx.doi.org/10.1177/0022343320959130.

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When negotiating investment treaties, states balance two goals: providing strong protections for investors (investor protection), which is thought to attract foreign direct investment, and maintaining the ability to regulate their economies (regulatory autonomy). In this article we argue that treaty content can tell us about the latent preferences that states have over the level of investor protection enshrined in BITs. We use an item response theory (IRT) model and a dataset of 1,144 treaties to estimate latent preferences on this scale for signatory countries. Our measure is of use to schola

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